Page images



I. Law. Let him who takes more that one per Cent, interest for money, be condemned to pay four times the sum lent.

II. Law. When any person acknowledges a debt, or is condemned to pay it, the creditor shall give his debtor thirty days for the payment of it: After which he shall cause him to be seized, and brought before a Judge.

III. Law. If the debtor refuses to pay his debt, and can find no security, his creditor may carry him home, and either tie him by the neck, or put irons upon his feet, provided the chain does not weigh above fifteen pounds; but it may be lighter, if he pleases.

IV. Law. If the captive debtor will live at his own expense, let him; if not, let him who keeps him in chains allow him a pound of meal a day, or more, if he pleases.

V. Law. The creditor may keep his debtor prisoner for sixty days. If in this time the debtor does not find means to pay him, he that detains him shall bringhim out before the people three market-days, and proclaim the sum, of which he has been defrauded.

VI. Law. If the debtor be insolvent to several creditors, let his body be cut in pieces on the third market-day. It may be cut into more or fewer pieces with impunity: Or, if his creditors consent to it, let him be sold to foreigners beyond the Tiber.



*630 * I. Law, Let a father have the power of life and death over his legitimate children, and let him sell them when he pleases.

II. Law. But if a father has sold his son three times, let the son then be out of his father's power,

III. Law. If a father has a child born, which is monstrously deformed, let him kill him immediately.

IV. Law. Let not a son, whose father has so far neglected his education as not to teach him a trade, be obliged to maintain his father in want; otherwise let all sons be obliged to relieve their fathers.

V. Law. Let not a bastard be obliged to work to maintain his father.



I. Law. After the Death of a father of a family, let the disposition be made of his estate, and his appointment concerning the guardianship of his children be observed.

II. Law. If he dies intestate, and has no children to succeed him, let his nearest relation be his heir; if he has no near relation, let a man of his own name be his heir.

III. Law. When a freed-man dies intestate, and without heirs, if his patron be alive, or has left children, let the effects of the freed-man go to the family of his patron.

IV. Law. After the death of a debtor, his debts shall be paid by his heirs, in proportion to the share they have in his inheritance. After this they may divide the rest of his effects, if they please, and the Prtetor shall appoint three arbitrators to make the division.

V. Law. If a father of a family dies intestate, and leaves an heir under age, let the child's nearest relation be his guardian.

VI. Law. If any one becomes mad, or prodigal, and has no-body to take care of him, let a relation, or if he has none, a man of his own name, have the care of his person and estate.


I. Law. When a man conveys his estate to another, let the terms of the conveyance create the right.

"II. Law. If a slave, who was made free on condition of paying a *6G0 certain sum, be afterwards sold, let him he set at liberty, if he pay the person who has bought him, the sum agreed upon.

III. Law. Let not any piece of merchandize, though sold and delivered, belong to the buyer, till he has paid for it.

IV. Law. Let two years possession aniount to a prescription for lands, and one for moveables.

V. Law. In litigated cases the presumption shall always be on the side of the possessor: And in disputes about liberty or slavery, the presumption shall always be on the side of liberty.




I. Law. If a beast does any damage in a field, let the master of the beast make satisfaction, or give up his beast.

II. Law. If you find a rafter or a pole which belongs to you, in another man's house or vineyard, and they are made use of, do not pull down the house, or ruin the vineyard; but make the possessor pay double the value of the thing stolen; and when the house is destroyed, or the pole taken out of the vineyard, then seize what's your own.

III. Law. Whoever shall maliciously set fire to another man's house, or an heap of corn .near his house, shall be imprisoned, scourged, and burnt to death. If he did it by accident, let him repair the damage: And if he be a poor man, let him be slightly corrected.

IV. Law. Whoever shall deprive another of the use of a limb, shall be punI

ished according to the law of retaliation, if the person injured does not agree to accept some other satisfaction.

V. Law. If he has only dislocated a bone, let him pay three hundred pounds of brass if the sufferer be a freed-man, and a hundred and fifty if he be a slave.

VI. Law. For common blows with the fist, and injurious words, the punishment shall be twenty-five .Isses of brass.

VII. Law. Whoever slanders another by words, or defamatory verses, and injures his reputation, shall be beaten with a club.

VIII. Law. Let him who has once been a witness, and refuses to bear witness again, though a public person, be deemed infamous, and made incapable of bearing witness any more.

IX. Law. Let every false witness be thrown down headlong from the Capitol. *661 * X. Law. Whoever shall wilfully kill a freed-man or shall make use

of magical words to hurt him, or shall have prepared poison for him, or given it to him, shall be punished as an homicide.

XI. Law. Let all Parricides be thrown into the river, sewed up in a leather bag, and with their heads veiled.

XII. Law. The guardian who manages the affairs of his ward ill, shall be reprimanded; and if he be found to have cheated him, he shall restore double.

XIII. Law. A patron who shall have defrauded his client, shall be execrable.



I. Law. Let the space of two foot and an half of ground be always left between one house and another.

II. Law. Societies may make what by-laws they please among themselves, provided they do not interfere with the public laws.

III. Law, When two neighbors have any disputes about their bounds, the Prtttor shall assign them three abitrators.

IV. Law. When a tree planted in a field does injury to an adjoining field by its shade, let its branches be cut off fifteen feet high.

V. Law. If the fruit of a tree falls into a neighboring field, the owner of the tree may go and pick it up.

VL Law. If a man would make a drain, to carry off the rain-water from his ground to his neighbor's, let the Proctor appoint three arbitrators, to judge of the damage the water may do, and prevent it.

VII. Law. Roads shall be eight feet wide, where they run strait, and where they turn, sixteen.

VIII. Law. If a road between two fields be bad, the traveler may drive through which field he pleases.

I. Law. Let not privilege be granted to any person.

Ц. Let both debtors who are got out of slavery, an(j strangers who have rebell

ed, and returned to their duty, be restored to their ancient rights, as if they never Offended.

* III. Law. It shall be a capital crime for a judge or abitrator to take *662 money for passing judgment.

IV. Law. Let all cause*, relating to the life, liberty, or rights of a Roman citizen, be tried only in Comitia by Centuries.

V. Law. Let the people appoint QUtestors, to take cognizance of all capital cases.

VI. Law. Whoever shall hold seditious assemblies in the city by night, shall be put to death.

VII. Law. Let him who shall have solicited a foreigner to declare himself against Коте, or shall have delivered up a Roman citizen to a foreigner, lose hi* life.

VIII. Law. Let only the last laws of the people be in force, [i. e. let the last supercede all former ante, in the same case made and provided.]



I. Law. Let no dead body be interred, or burnt within the city.

II. Law. Let all costliness md excessive wailings be banished from funerals.

III. Law. Let not the wood, with which funeral piles are built, be cat with a saw.

IV. Law. Let the dead body be covered with riömore than three habits, bordered with purple; and let no more than ten players upon the flute be employed in celebrating the obsequies.

V. Law. Let riot the women tear their faces, or disfigure themselves, or make hideous outcries.

VI. Law. Let not any part of a dead body be carried away, in order to perform other obsequies for the deceased, Unless he died in war, or out of his own country.

VII. Law. Let no slaves be embalmed after their death; let there be no drinking round a dead body; nor let any perfumed liquors be poured upon it.

VIII. Law. Let no crowns, festoons, perfuming-pots, or any kind of perfume, be carried to funerals.

IX. Law. If the deceased has merited a crown in the public games, by any exploit of his own, or the expertness of his slaves, or the swiftness of his horses, let his panegyrick be made at his funeral, and let his relations have leave to put a crown upon his head, as well during *thc seven days he remains in the *663 house, as when he is carried to be buried.

X. Law. Let no man have more than one funeral made for him, or than one bed put under him.

XI. Law. Let no gold be used in any obsequies, unless the jaw of the decease ed has been tied up with a gold thread. In that case the corps may be interred' or burnt with the gold thread.

XII. Law. For the future, let no sepulchre be built, or funeral pile raised^ within sixty feet of any house, without the consent of the owner of the house.

XIII. Law. Prescription shall never be pleaded against a man's right fc Msburial-place, or the entrance to it.



I. Law. Let all persons come with purity and piety to Hit assemblies of" reli. gion, and banish all extravagance from thence. If any one does otherwise, may the Gods themselves revenge it.

II. Law Let no person have particular Gods of his own; or worship any new and foreign ones in private, unless they are authorised by public authority.

III. Law. Let every one enjoy the temples consecrated by his fore-fathers, the ■acred groves in his fields, and the oratories of his Lares. And let every one observe the rites used in his own family, and by his ancestors, in the worship of his domestic Gods.

IV. Law. Honor the Gods of Heaven, not only those who have always been esteemed such, but those likewise whose merit has raised them thither, as Hercules, Bacchus, JEsculapius, Castor, Pollux, and Romulus.

V. Law. Let those commendable qualities, by which heroes obtained Heaven, be ranked among the Gods, as Understanding, Virtue, Piety, Fidelity; and let temples be erected to them. But let no worship ever be paid to any vice.

VI. Law. Let the most authorised ceremonies be observed.

VII. Law. Let law-suits be suspended on festivals, and let the slaves have leave to celebrate them after they have done their work. That it may be known on what days they fall, let the,m be set down in the calendars.

VIII. Law. Let the Priests offer up in sacrifice to the Gods, on certain days, *664 the fruits of the earth, and berries: And on other days, * abundance of

milk, and young victims. For fear this ceremony should be omitted, the Priests shall end their year with it. Let them likewise take care to choose for every God the victim he likes. Let there be priests appointed for some Gods, Flumincs for others, and Pontífices to preside over them all.

IX. Law. Let no woman be present at the sacrifices which are offered up in the night, except at those which are made for the people, with the usual ceremonies. Nor let any one be initiated in any mysteries brought from Greece, but those of Ceres.

X. Law. If any one steals what belongs, or is devoted to the Gods, let him be punished as a Parricide. *

XI. Law. Leave perjury to be punished with death by the Gods, and let it be punished with perpetual disgrace by men.

XII. Law. Let the Pontífices punish incest with death.

XIII. Law. Let every one strictly perforin his vows: But let no wicked person dare to make any offerings to the Gods.

XIV. Law; Let no man dedicate his field to the service of the altar ; and let him be discreet in his offerings of gold, silver, or ivory. Let no man dedicate a litigated estate to the Gods: if he does, he shall pay double the value of it to him whose right it shall appear to be.

XV. Law. Let every man constantly observe his family-festivals.

XVI. Law. Let him who has been guilty of any of those faults, which make men execrable, and are not to be atoned for by expiations, be deemed impious. But let the priests expiate such as are to be expiated.

« PreviousContinue »